Consent to the risk of contracting HIV could not be inferred from consent to unprotected sexual intercourse and was therefore not a valid defence to charges under the Offences against the Person Act 1861 s.20 of passing on the infection. For a valid defence, there had to be a willing and informed consent to the specific risk of contracting HIV. A defendant's honest belief in consent would only assist him if the consent would have provided him with a defence.

[2005] EWCA Crim 706

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